5-4 cover image

Connick v. Thompson Encore

5-4

00:00

How Bad Is a Prosecutors Misconduct?

The question the court is addressing if you take a step back is basically how bad does a prosecutor's misconduct have to be before they can be held legally liable. The rule is that there must be a pattern of misconduct. And so Clarence Thomas in his decision his basic argument is simple. If you want to go after the entire office you need to show this system of inadequate training right? Right. Can't be just one incident because one incident isn't enough information to conclude that there's inadequate training. You'd have to be an absolute fucking idiot to think that this is a single occurrence of misconduct. That's when you know Thomas is being disingenuous because he barely believes in precedent as a concept

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